Madras High CourtCRL OP/17228/2020dismissed

Dinakar v. The State Rep By,

2020-11-03Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17228 of 2020 1.Dinakar 2.Stalin 3.Gnanakumar 4.Jayakumar 5.Janaki 6.Velankanni ... Petitioner Vs.

State rep.by The Inspector of Police, Tiruvallur Town Police Station, Tiruvallur, Tiruvallur District.

[Crime No.3598 of 2020] ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.3598 of 2020 on the file of the respondent police.

For Petitioner : Mr.D.Devendran For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC r/w Section 4 of Women Harassment Act in Crime No.3598 of 2020, on the file of the respondent, seek anticipatory bail.

The case of the prosecution as per the defacto complainant is that due to previous enmity, the petitioners along with the other accused abused and assaulted him. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that since the defacto complainant is an advocate, a false case has been given against them. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would vehemently oppose the contention by stating that the petitioners intimidated the defacto complainant, who is an advocate and also assaulted him. He would further submit that A1 and A5 are still in custody and as far as the first petitioner is concerned, he has got four previous cases and he is a history sheeter in H.S.No.52/20 and the investigation is in initial stage. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and also the fact that the investigation is in initial stage, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the Criminal Original Petition is dismissed. -sd/- 03/11/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, TIRUVALLUR TOWN POLICE STATION, TIRUVALLUR, TIRUVALLUR DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.D.DEVENDRAN Advocate on payment of necessary charges SR.No.7371 CRL OP.17228/2020 Date :03/11/2020 cs 09/11/2020 https://hcservices.ecourts.gov.in/hcservices/